bolitho v city and hackney health authority

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Mentioning: 1 - Bolitho v City and Hackney Health Authority - James Watt. Bolam sets out that a doctor is not negligent if they have acted in accordance with a responsible body of opinion. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997 LORD BROWNE-WILKINSON My Lords, This appeal raises two questions relating to liability for medical negligence. The case of Bolam v Friern Hospital had established that professionals will not be in breach of their duty if they acted in accordance with practices accepted as proper by a responsible body of other medical professionals with relevant expertise. He was discharged after 4 days. James Watt. The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. Patrick Bolitho, a two-year-old, was admitted to St Bartholomew’s Hospital suffering from respiratory difficulties. In the words of Lord Browne-Wilkinson: There were, therefore, two questions for the judge to decide on causation: (1) What would Dr. Horn have done, or authorised to be done, if she had attended Patrick? *You can also browse our support articles here >. JISCBAILII_CASES_TORT Bolitho v. City and Hackney Health Authority [1997] UKHL 46; [1998] AC 232; [1997] 4 All ER 771; [1997] 3 WLR 1151 (13th November, 1997) HOUSE OF LORDS Lord Browne-Wilkinson Lord Slynn of Hadley Lord NolanLord Hoffmann Lord Clyde OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) Legal versus medical causation. The child died as a result. Areas of applicable law: Tort law – Duty of care – professional negligence. She therefore notified the doctor and asked him to see the claimant. Bolitho brought an action in the tort of negligence against the defendant health authority. Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . In addition, the claimant must show that but for the breach, the harm would not have arisen (causation). The Bolam test has no relevance to the first of those questions but is central to the second. The doctor on shift, was requested to deal with the child’s breathing abnormalities. Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Hoffmann and Lord Clyde. The two-stage test, as applied to this case, was: Whilst Lord Browne-Wilkinson felt, as a layman, that the doctor should have incubated the claimant, applying the Bolam principle he had to consider the doctor’s evidenceas it was based on logical grounds. Bolitho v City & Hackney Health Authority [1997] 3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. In … This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. . Instead, the question is whether a reasonable or respectable body of the profession would do this, or take this opinion. [1997] UKHL 46 Expert witness In this medical negligence case, the House of Lords considered how expert evidence as to a body of professional opinion in a professional negligence case should be dealt with. Bolitho. Bolitho v City and Hackney Health Authority [1998] AC 232. Summary: On January 16, 1984, two year old Patrick Bolitho was admitted to the hospital with croup. Bolitho v City and Hackney Health Authority. He noted that it was not enough for the defendants to raise some expert evidence from doctors who would have, or do, act in the same way as the defendants. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Bolitho v City and Hackney Health Authority This information is only available to paying isurv subscribers. The Court had to decide, as a matter of causation, what would the doctors have done had they attended the claimant (based on the doctor’s evidence), and then whether this hypothetical act was negligent. Bolitho v City and Hackney Health Authority: HL 24 Jul 1997 References: Gazette 10-Dec-1997, Times 27-Nov-1997, [1997] UKHL 46, [1998] AC 232, [1997] 4 All ER 771, [1997] 3 WLR 1151 Links: House of Lords , Bailii Search Browse; Resources City and Hackney Health Authority (respondents) Indexed As: Bolitho Estate v. City and Hackney Health Authority. Case Summary V was in hospital and suffered respiratory problems twice and recovered, the doctor having failed to … The House of Lords clarified the Bolam test to include a proviso that the practice accepted as proper by a responsible body of professionals must be based on logical and defensible grounds. Bolitho v City and Hackney Health Authority may prove to be revolutionary in medical malpractice litigation. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. This case was more complicated because of the overlapping questions of breach and causation. MENU. The issue is whether this satisfied the Bolam test, and whether causation was established. The defendant argued that, as a matter of causation, even if they had attended the claimant they would not have been able to help him. Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. He was completely unable to breath and entered cardiac arrest. Medical Law - English Tort Law - Bolitho v. City and Hackney Health Authority *UK LAW* - Essential for Medical Interviews & Examinations of all levels. This chapter discusses the legal case between Bolitho v. City & Hackney Health Authority [1996], including the detail of the case and its implications. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) Intubation is not a routine, risk-free process. Loading ... 【Bolam V Friern Hospital Management Committe 1957】Full Video - Duration: 7:59. The test is based on a long line of cases dating back more than a hundred years, but it takes its authority in modern times The exact reasons were as follows: Dr. Dinwiddie’s view was that these symptoms did not show a progressive respiratory collapse and that there was only a small risk of total respiratory failure. In-house law team, TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. Free resources to assist you with your legal studies! Why Bolitho v City and Hackney Health Authority is important. The child died as a result. Mr Jones argued that the obstetrician was negligent on the basis of the test in Bolitho v City and Hackney Health Authority [1998] AC 232, refined in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. Preview. Main arguments in this case: A medical professional can be held negligent even if the standard of care he or she applied in treating a patient was in accordance with the other professional in his or her field. and (2) If she would not have intubated, would that have been negligent? The House of Lords had to decide whether the defendant failed to take reasonable care, and whether this caused the claimant harm. Do you have a 2:1 degree or higher? 2002 Jun;8(3):222-3. Bolitho v City and Hackney Health Authority (1993) 4 Med LR 381 COURT OF APPEAL Lord Justice DILLON, Lord Justice FARQUHARSON, and Lord Justice SIMON. Bolitho, then 2 years-old, was admitted to hospital suffering from croup. Facts. This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it. Bolitho v City and Hackney Health Authority1 IN recent years, considerable criticism has been levelled at the test for determining the standard of care in negligence with respect to persons within the medical profession. Bolitho v City & Hackney Health Authority [1997] 3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. Case analysis: Bolitho versus City and Hackney Health Authority. Start This article has been rated as Start-Class on the project's quality scale. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. House of Lords. If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. LORD BROWNE-WILKINSON. VAT Registration No: 842417633. Registered Data Controller No: Z1821391. Bolitho v City and Hackney Health Authority [1997] 4 All ER 771: A two-year old boy suffered brain damage as a result of the bronchial air passages becoming blocked leading to cardiac arrest. He was revived, but after nine or ten minutes without full respiratory and cardiac functions. Bolitho v City and Hackney Health Authority. The doctor never attended. Bolitho remained restless and out of breath, so was brought back into hospital the following day. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. Montgomery v Lanarkshire Health Board, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961], Fairchild v Glenhaven Funeral Services [2003], Barnett v Chelsea and Kensington Hospital Management Committee [1969], Bolitho v City and Hackney Health Authority [1998] AC 23, R (Freedom and Justice Party) v SS Foreign & Commonwealth Affairs: How Should International Law Inform the Common Law. List: Principles of Healthcare Law Section: Essential reading Next: Gregg v Scott Previous: Bolam v Friern Hospital Management Committee. TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. This item appears on. BOLITHO V CITY AND HACKNEY HEALTH AUTHORITY Norazlin MOHD AZMAN. Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.. Facts Bolitho v City and Hackney Health Authority House of Lords Citations : [1998] AC 232; [1997] 3 WLR 1151; [1997] 4 All ER 771; [1998] PIQR P10; [1998] Lloyd’s Rep Med 26; (1998) 39 BMLR 1. Dr. Roberton described it as “a major undertaking–an invasive procedure with mortality and morbidity attached–it was an assault.” … In those circumstances it cannot be suggested that it was illogical for Dr. Dinwiddie a most distinguished expert to favour running what, in his view, was a small risk of total respiratory collapse rather than to submit Patrick to the invasive procedure of intubation. AVMA Medical & Legal Journal volume 5, issue 1, P17-20 1999 DOI: 10.1177/135626229900500104. Explore now. Hong Kong Med J. On the second question, Lord Browne-Wilkinson applied the Bolam principle. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. Bolitho v City of Hackney Health Authority [1997] 4 All ER 771 is a Tort Law case focusing on breach of duty, causation and the Bolam Test. The doctor testified that they would not have intubated the patient even if they had attended, and an expert witness agreed this was proper. Re C (Female Genital Mutilation and Forced Marriage: Fact Finding) [2019] EWHC 3449 (Fam): Should the standard of proof be different for vulnerable witnesses. Reference this Type Legal Case Document. My Lords, This appeal raises two questions relating to liability for medical negligence. AVMA Medical & Legal Journal 1999 5: 1, 17-20 Download Citation. The House dismissed the claimant’s case: the defendant health authority had not failed to take reasonable care. Company Registration No: 4964706. The case of Bolitho v City and Hackney Health Authority dates back to 1997 and concerned the treatment of a sick child in hospital. 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